Illinois General Assembly - Full Text of HB4964
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Full Text of HB4964  99th General Assembly




HB4964 EnrolledLRB099 19300 RJF 43692 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Health Facilities Planning Act is
5amended by changing Section 8.5 as follows:
6    (20 ILCS 3960/8.5)
7    (Section scheduled to be repealed on December 31, 2019)
8    Sec. 8.5. Certificate of exemption for change of ownership
9of a health care facility; discontinuation of a health care
10facility or category of service; public notice and public
12    (a) Upon a finding that an application for a change of
13ownership is complete, the State Board shall publish a legal
14notice on one day in a newspaper of general circulation in the
15area or community to be affected and afford the public an
16opportunity to request a hearing. If the application is for a
17facility located in a Metropolitan Statistical Area, an
18additional legal notice shall be published in a newspaper of
19limited circulation, if one exists, in the area in which the
20facility is located. If the newspaper of limited circulation is
21published on a daily basis, the additional legal notice shall
22be published on one day. The applicant shall pay the cost
23incurred by the Board in publishing the change of ownership



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1notice in newspapers as required under this subsection. The
2legal notice shall also be posted on the Health Facilities and
3Services Review Board's web site and sent to the State
4Representative and State Senator of the district in which the
5health care facility is located. An application for change of
6ownership of a hospital shall not be deemed complete without a
7signed certification that for a period of 2 years after the
8change of ownership transaction is effective, the hospital will
9not adopt a charity care policy that is more restrictive than
10the policy in effect during the year prior to the transaction.
11An application for a change of ownership need not contain
12signed transaction documents so long as it includes the
13following key terms of the transaction: names and background of
14the parties; structure of the transaction; the person who will
15be the licensed or certified entity after the transaction; the
16ownership or membership interests in such licensed or certified
17entity both prior to and after the transaction; fair market
18value of assets to be transferred; and the purchase price or
19other form of consideration to be provided for those assets.
20The issuance of the certificate of exemption shall be
21contingent upon the applicant submitting a statement to the
22Board within 90 days after the closing date of the transaction,
23or such longer period as provided by the Board, certifying that
24the change of ownership has been completed in accordance with
25the key terms contained in the application. If such key terms
26of the transaction change, a new application shall be required.



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1    Where a change of ownership is among related persons, and
2there are no other changes being proposed at the health care
3facility that would otherwise require a permit or exemption
4under this Act, the applicant shall submit an application
5consisting of a standard notice in a form set forth by the
6Board briefly explaining the reasons for the proposed change of
7ownership. Once such an application is submitted to the Board
8and reviewed by the Board staff, the Board Chair shall take
9action on an application for an exemption for a change of
10ownership among related persons within 45 days after the
11application has been deemed complete, provided the application
12meets the applicable standards under this Section. If the Board
13Chair has a conflict of interest or for other good cause, the
14Chair may request review by the Board. Notwithstanding any
15other provision of this Act, for purposes of this Section, a
16change of ownership among related persons means a transaction
17where the parties to the transaction are under common control
18or ownership before and after the transaction is completed.
19    Nothing in this Act shall be construed as authorizing the
20Board to impose any conditions, obligations, or limitations,
21other than those required by this Section, with respect to the
22issuance of an exemption for a change of ownership, including,
23but not limited to, the time period before which a subsequent
24change of ownership of the health care facility could be
25sought, or the commitment to continue to offer for a specified
26time period any services currently offered by the health care



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2    (a-3) Upon a finding that an application to close a health
3care facility is complete, the State Board shall publish a
4legal notice on 3 consecutive days in a newspaper of general
5circulation in the area or community to be affected and afford
6the public an opportunity to request a hearing. If the
7application is for a facility located in a Metropolitan
8Statistical Area, an additional legal notice shall be published
9in a newspaper of limited circulation, if one exists, in the
10area in which the facility is located. If the newspaper of
11limited circulation is published on a daily basis, the
12additional legal notice shall be published on 3 consecutive
13days. The legal notice shall also be posted on the Health
14Facilities and Services Review Board's web site and sent to the
15State Representative and State Senator of the district in which
16the health care facility is located. In addition, the health
17care facility shall provide notice of closure to the local
18media that the health care facility would routinely notify
19about facility events.
20    (a-5) Upon a finding that an application to discontinue a
21category of service is complete and provides the requested
22information, as specified by the State Board, an exemption
23shall be issued. No later than 30 days after the issuance of
24the exemption, the health care facility must give written
25notice of the discontinuation of the category of service to the
26State Senator and State Representative serving the legislative



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1district in which the health care facility is located.
2    (b) If a public hearing is requested, it shall be held at
3least 15 days but no more than 30 days after the date of
4publication of the legal notice in the community in which the
5facility is located. The hearing shall be held in the affected
6area or community in a place of reasonable size and
7accessibility and a full and complete written transcript of the
8proceedings shall be made. The applicant shall provide a
9summary of the proposal for distribution at the public hearing.
10    (c) For the purposes of this Section "newspaper of limited
11circulation" means a newspaper intended to serve a particular
12or defined population of a specific geographic area within a
13Metropolitan Statistical Area such as a municipality, town,
14village, township, or community area, but does not include
15publications of professional and trade associations.
16(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.